[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 400 Reported in House (RH)]
Union Calendar No. 218
110th CONGRESS
1st Session
H. R. 400
[Report No. 110-353]
To prohibit profiteering and fraud relating to military action, relief,
and reconstruction efforts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2007
Mr. Abercrombie introduced the following bill; which was referred to
the Committee on the Judiciary
September 27, 2007
Additional sponsors: Mr. McGovern, Mr. Johnson of Georgia, Ms.
Schakowsky, Mr. DeFazio, Mr. Etheridge, Ms. Corrine Brown of Florida,
Mr. Fattah, Ms. Velazquez, Ms. Hirono, Ms. Harman, Mr. Kildee, and Mr.
George Miller of California
September 27, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
11, 2007]
_______________________________________________________________________
A BILL
To prohibit profiteering and fraud relating to military action, relief,
and reconstruction efforts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Profiteering Prevention Act of
2007''.
SEC. 2. PROHIBITION OF PROFITEERING.
(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1040. War profiteering and fraud
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services to the United
States or a provisional authority, in connection with a mission
of the United States Government overseas, knowingly--
``(A)(i) executes or attempts to execute a scheme
or artifice to defraud the United States or that
authority; or
``(ii) materially overvalues any good or service
with the intent to defraud the United States or that
authority;
shall be fined under paragraph (2), imprisoned not more
than 20 years, or both; or
``(B) in connection with the contract or the
provision of those goods or services--
``(i) falsifies, conceals, or covers up by
any trick, scheme, or device a material fact;
``(ii) makes any materially false,
fictitious, or fraudulent statements or
representations; or
``(iii) makes or uses any materially false
writing or document knowing the same to contain
any materially false, fictitious or fraudulent
statement or entry;
shall be fined under paragraph (2) imprisoned not more
than 10 years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other
proceeds from the offense, not more than twice the
gross profits or other proceeds.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at the
end the following:
``1040. War profiteering and fraud.''.
(b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1040''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting ``section 1040 (relating to war
profiteering and fraud),'' after ``liquidating agent of financial
institution),''.
(d) RICO.--Section 1961(1) of title 18, United States Code, is
amended by inserting ``section 1040 (relating to war profiteering and
fraud),'' after ``in connection with access devices),''.
Union Calendar No. 218
110th CONGRESS
1st Session
H. R. 400
[Report No. 110-353]
_______________________________________________________________________
A BILL
To prohibit profiteering and fraud relating to military action, relief,
and reconstruction efforts, and for other purposes.
_______________________________________________________________________
September 27, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed